With the National Super Alliance making its case at the Supreme Court today, three Cabinet Secretaries have found themselves on the firing line for their alleged role in the August 8 polls.
Senior counsel for NASA Okongo Omogeni accused CS’ Joe Mucheru (ICT), Eugene Wamalwa (Water and Irrigation) and Mwangi Kiunjuri (Devolution) of openly showing bias and in some instances, intimidating voters in favor of Jubilee.
Omogeni argued it was wrong for the three CS’ to engage in politics because the Constitution does not allow them.
He noted that while Interior PS Karanja Kibicho responded to questions of his alleged role in Jubilee politics, the latter did not bother to respond.
Senior counsel Omogeni also told the court that in as much as their case is about the numbers, it is not void of the fact that some civil servants bended the law.
“The election is not about statistics but also about [the] process leading to the elections. If the Constitution provisions and other laws were violated, the numbers will matter not.”
Still matters the Presidential petition, the Supreme Court granted NASA restricted access to select IEBC data and equipment used to conduct August 8 General Election.
The lawyers led by senior counsel James Orengo during a pre trial conference on Saturday urged the court to give orders to IEBC to provide original Forms 34A, 34B and 34C for scrutiny.
It had also requested that IEBC provides its logs and servers for scrutiny.
Now, the IEBC will be required to provide, all IEBC servers at its disposal, firewalls without the passwords, the passwords, systems user types and IEBC ICT redundancy plan.
Also, Certified copies of the penetration tests conducted by the commission prior to, and during the August 8 elections; specific GPRS location of Kenya integrated election management systems (KIEMS), certified copies of all KIEMS kits, polling stations KIEMS kits allocation, technical agreements signed between the commission and service providers logging in trail of KIEMS users.
Logging in trail of IEBC servers, original copies of forms 34A, 34B and 34C prepared at the polling station and transmitted to the national tallying centre and reading devices to distinguish the authenticity of the all documents will be provided.
Supreme Court Registrar Esther Nyaiyaki will supervise the access of the above to all parties involved.
By Pharis Kinyua. He’s an online journalist and an author for Jamhuri News.